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Legislative Public Meetings

File #: 22-201    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 1/31/2022 In control: City Council and Authorities Concurrent
On agenda: 6/7/2022 Final action:
Title: Action on Climate Action Plan, General Plan Amendment to Adopt the Updated Climate Action Plan 2022 and an Addendum to the General Plan Environmental Impact Report
Attachments: 1. Excerpt PLANNING Commission Minutes of April 13, 2. Planning Commission Staff Report of April 13, 2022, 3. Resolution Adopting the CAP Addendum to the General Plan EIR, 4. Resolution Adopting the General Plan Amendment to Appendix 8.pdf, 5. Draft CAP Addendum to the General Plan EIR, 6. Draft CAP 2022, 7. Resolution No. 22-9104, 8. Resolution No. 22-9105, 9. POST MEETING MATERIAL

REPORT TO COUNCIL

 

SUBJECT

Title

Action on Climate Action Plan, General Plan Amendment to Adopt the Updated Climate Action Plan 2022 and an Addendum to the General Plan Environmental Impact Report

 

Report

 

BACKGROUND

Following over two years of community engagement, the City has developed a Draft Climate Action Plan (CAP) 2022 to update the current CAP adopted in 2013. Adoption of the CAP Update would extend the City’s Greenhouse Gas (GHG) emissions reduction goals through 2030; address all new State requirements established since the 2013 CAP was adopted; and offer a Qualified CAP that would provide California Environmental Quality Act (CEQA) streamlining benefits.

 

The City of Santa Clara adopted its CAP as Appendix 8.13 to the General Plan on December 3, 2013, as required by the City’s 2010-2035 General Plan. The City started the process of comprehensively updating the CAP in January 2020. The CAP Update process included analyzing the City’s GHG emission trends and developing alternatives for the overall GHG emissions reduction target that would align with or exceed the State goal and establish it as a qualified CAP.

 

The Draft CAP lists the strategies and actions that will collectively help Santa Clara meet State GHG emissions reduction requirements in the near-term (40% reduction by 2030 - SB32 requirement) and set the City on a pathway to achieve carbon neutrality in the long-term (by 2045 - Executive Order B-55-18). In addition to these targets, the City aspires to reduce emissions more aggressively in the interim and achieve an 80% reduction in emissions by 2035 (City Council directive).

 

More details on the strategies and actions, and the planning process are discussed in the report to Planning Commission, which is available as Attachment 2 with this report.

 

DISCUSSION

Updating the Climate Action Plan will require the City to adopt a General Plan Amendment to Appendix 8.13 (the Climate Action Plan). On April 13, 2022, the Planning Commission conducted a duly noticed public hearing to consider the proposed General Plan Amendment. The following summarizes the Planning Commission discussion.

 

The Planning Commission expressed concern over the City’s contract with the vendor that collects mixed waste and does not separate the organic waste from the garbage stream, leading to the contamination of the recyclables in the mixed waste garbage. Staff provided information on how the program, established through Council policy decision effective January 1, 2021, brings the City into full compliance with the SB 1383 organics state mandate. Staff also found that one of the benefits of the mixed waste processing option is that it allows for 100% public participation in food scraps and organics composting. Additionally, it is important to note that the City still collects curbside recycling for maximum landfill diversion. Mixed waste processing for garbage and organics collection allows for additional waste diversion.

 

The Commission also asked staff to make all the action items and issues discussed at the hearing available on the City’s website. Staff responded that the meeting minutes of the hearing will be posted on the CAP webpage on the City’s website. Also, staff responded that the CAP webpage would be further refined to make it more user-friendly. Both requests have been completed and the CAP webpage has been modified and expanded accordingly. For additional detail on the discussion of the Planning Commission see Attachment 1 with this report, Excerpt Planning Commission Minutes of April 13, 2022.

 

Five speakers from Sierra Club and Silicon Valley Youth Climate Action spoke in strong support for the Draft Climate Action Plan 2022. The Planning Commission adopted a motion recommending that the City Council adopt the proposed General Plan Amendment and also adopt an Addendum to the City’s General Plan Environmental Impact Report (EIR).

 

Residential TDM Requirements

Based on prior discussions with the City Council, the draft CAP includes a requirement that new multi-family residential development achieve a 20% reduction in Vehicle Miles Travelled (VMT) through active TDM measures. During the City Council’s recent action to approve the Patrick Henry Drive Specific Plan this standard was discussed as a potential requirement for the Specific Plan, but after hearing testimony from project developers, as well as staff input, the City Council decided not to include this requirement in the Specific Plan in consideration of the likely infeasibility for a project to meet this standard.  Staff had independently discussed this requirement with a traffic consultant who had also indicated to staff that the requirement would likely be infeasible to achieve. Staff also notes that Mountain View, which has been a local leader in raising TDM requirements, currently requires only 5-10% VMT reduction through TDM measures for residential projects.  Accordingly, staff recommends that the proposed CAP include a 20% VMT reduction requirement for multi-family residential projects, but that only half of that amount (a 10% reduction) will need to be achieved through TDM measures.

 

ENVIRONMENTAL REVIEW

An addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) and 2013 CAP Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA) to inform key decision-makers and the general public of the potential environmental effects that would arise from the implementation of the 2022 Draft CAP. The Addendum found that the 2022 CAP would not result in any potentially significant impacts that were not previously identified in the General Plan FEIR and 2013 CAP Negative Declaration, and that the 2022 CAP would not result in an increase in the severity of any of the previously identified significant impacts.

 

 

Although staff’s recommendation to change the draft CAP’s multifamily TDM requirements from 20% to 10% would be not as aggressive as originally proposed, the 10% standard will apply to all new multifamily developments.  The 2013 CAP has a similar standard, but it only applies to properties with certain land use designations in specific locations in the City.  The new standard will apply more broadly, and so will reduce VMT and transportation impacts compared to existing conditions.

 

 

FISCAL IMPACT

On January 14, 2020, the City Council approved an agreement with the consulting team led by Cascadia Consulting Group, Inc. to work on the Draft CAP 2022 with a budget of $192,440 and a 10% contingency. The total not-to-exceed amount of this Agreement, including contingency, is $211,684.

 

On December 7, 2021, the City Council approved the Amendment No. 1 with Cascadia Consulting Group increases the maximum compensation of the agreement by $20,000 for a revised total not to exceed amount of $231,684. This increase will be funded through the Advanced Planning Reserve for continuation of the services through December 31, 2022.

 

A number of the CAP action items will require City funding through the budget process.  The CAP implementation items identified will require new funding sources to be identified and are subject to City Council approval.

 

COORDINATION

This report has been coordinated with the City Attorney’s Office, City Manager’s Office, Finance Department, Silicon Valley Power, Public Works, Water and Sewer Department, and Community Development Department.

 

PUBLIC CONTACT

On March 30, 2022, a notice of public hearing was published in The Weekly, a newspaper of general circulation.

 

Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.

 

Community Engagement

Community engagement was an integral part of the CAP update process to produce a final plan that is supported by the community and various stakeholders in Santa Clara and that provides a clear vision to further reduce GHG emissions and enhance climate resiliency throughout the City. The City and the Consultant team developed a community engagement strategy to ensure active participation from the community and stakeholders throughout the Climate Action Plan Update process.

Outlined below is an outreach timeline for various engagement activities throughout the planning process:

 

                     Winter/Spring 2020 - Staff and stakeholder interviews

                     Spring/Summer 2020 - First round of Community Stakeholder Focus Groups

                     July 2020 - First Virtual Community Workshop: 38 participants engaged and provided input on the City’s overarching climate goals and strategies

                     August and October 2020 - Planning Commission CAP Public Study Sessions

                     July and November 2020 - Two CAP Online Survey comment periods with nearly 900 responses

                     March and July 2021 - City Council CAP Public Study Session - robust public comment at both sessions

                     September 2021 - Second Virtual Community Workshop: 25 participants were provided an overview of the Draft CAP document and an opportunity to share feedback

                     Fall 2021- Second round of Community Stakeholder Focus Groups and partner interviews

                     Fall 2021 - Public Comment period to review Draft Climate Action Plan document through an interactive online document review platform (Konveio)

                     March 2022 - Planning Commission CAP Public Study Session

                     March 2020 through May2022 - Email and phone communications with the public and stakeholders to receive CAP comments

 

Meeting materials, including meeting summaries, from the community engagement activities conducted throughout the process can be found on the CAP Webpage (Attachment 5) under community engagement and the Public Draft of the Climate Action Plan Document. Looking ahead, the City will continue to engage with the community as we move forward with implementing the City’s 2022 Draft CAP.  

 

In addition to public outreach, the following CAP Study Sessions were conducted to get feedback and direction from the Planning Commission and the City Council:

                     Planning Commission Study Sessions - August 26, 2020; October 14, 2020; and March 9, 2022

Staff presented CAP alternatives to the Commission to obtain their recommendation on an appropriate GHG reduction target for the CAP and to seek input on the initial actions list. The Commission recommended setting a target that is more stringent than State guidance, such as achieving carbon neutrality earlier than 2045. The Commission provided the input below at the follow-up study session:

o                     Set ambitious GHG emissions reduction target, exceeding State mandate

o                     Project the City of Santa Clara as a climate action leader

o                     Emphasize reduction of Vehicle Miles Travelled (VMT), promotion of Electric Vehicles (EV’s) and Electric Vehicle Infrastructure improvements

o                     Focus on data centers for opportunities to reduce GHG emissions

o                     Facilitate telecommuting by providing reliable internet

o                     Incorporate reach codes, with a preference for an all-electric reach code

 

On March 9, 2022, staff presented the draft plan back to the Planning Commission with the incorporated public comments along with feedback from all previous Commission and Council study sessions. Commissioners commented on the following aspects of the CAP:

o                     Concerns regarding increases in Silicon Valley Power (SVP) rates and possible subsequent regentrification

o                     Concerns regarding gas to electric requirements happening only on new construction

o                     Questions about the Solar panel programs

 

                     City Council Study Sessions - March 2, 2021 and July 13, 2021

o                     At the Study Session on March 2, Council confirmed the staff recommended GHG emissions reduction target for the CAP Update of carbon neutrality no later than 2045, to align with the more aggressive State target and peer cities in the Bay Area. 

o                     At the second Study Session on July 13, the City Council provided the following direction, refining their earlier guidance:

o                     Adopt interim GHG reduction target of 80% by 2035 that may rely on SVP achieving a 100% carbon neutral electricity through rate increases of 44% to 55% (on top of the typical 3% yearly increase)

o                     Adopt a 25% reduction in project based VMT through active Transportation Demand Management (TDM) requirements for large commercial employers (over 500 employees), including aggressive regulations to reduce parking in new development

o                     Adopt a 20% reduction of VMT for multifamily residential through active TDM measures, which may require parking maximums

o                     Adopt an all-electric reach code, with exceptions

o                     Change the proposed All-Electric Reach Code requirement for the provision of EV ready parking spaces in new development from 25% Level 2 and 75% Level 1 chargers to 25% Level 2 and 75% Lite Level 2 at 3.8 Kw using an automatic load management software to balance the loads

o                     Add a requirement for new development to include one secured bicycle parking spot for each multi-family residential unit with electrical outlets available in storage units

o                     Prepare a policy to replace natural gas furnaces and water heaters upon burnout with an electric equivalent

o                     Implement a Climate Action Tracking Dashboard

o                     Have new Data Centers rely on 100% Carbon Neutral electricity, including offsets as needed

 

Each of the Study Sessions was well attended with a total of 30 comments received by members of the public.

 

RECOMMENDATION

Recommendation

1. Adopt a resolution approving the Addendum to the 2010 - 2035 General Plan EIR prepared for the updated Climate Action Plan 2022.

2. Adopt a resolution approving the amendment to the General Plan Appendix 8.13 to adopt the updated Climate Action Plan 2022, with a modification to require a 20% VMT reduction requirement for multi-family residential projects, but only half of that amount (a 10% reduction) must come from active TDM measures.

 

Staff

Reviewed by: Andrew Crabtree, Director of Community Development

Approved by: Rajeev Batra, City Manager

 

ATTACHMENTS    

1.                     Excerpt Planning Commission Minutes of April 13, 2022

2.                     Planning Commission Staff Report of April 13, 2022

3.                     Resolution Adopting the CAP Addendum to the General Plan EIR

4.                     Resolution Adopting the General Plan Amendment to Appendix 8.13

5.                     Draft CAP Addendum to the General Plan EIR

6.                     Draft CAP 2022